Great Lakes Shoreline Right of Passage Act, 2008 Craitor, Kim — Bill 43 (39th Parliament, 1st Session)

Bill 43, 39-1

Ontario — Bills

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Bill 43, Great Lakes Shoreline Right of Passage Act, 2008

Craitor, Kim

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[39] Bill 43 Original (PDF)

Bill 43 2008

An Act to create a right of passage along the shoreline of

the Great Lakes

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definition

1. In

this Act,

"high

water mark" means the mark on the shore where the presence and action of the

water is so continuous as to leave a distinct mark either by erosion,

destruction of terrestrial vegetation or other easily recognized

characteristic.

Right of passage

(1) There

is reserved to the public a right of passage to permit passage along the

shoreline of any Great Lake between the shore of the lake and the high water

mark.

Limitations

(2) The right of passage is limited to the right of

passage along the shoreline on foot or by other non-motorized means and does

not include a right of passage by means of a vehicle or other motorized form of

transportation.

Same

(3) The right of passage does not include,

(

a) a

right to use the shoreline for any purposes other than passage on foot or by

other non-motorized means; or

(

b) a

right of access to the shoreline.

Assumption of risks

(1) Subject

to subsection (2), a person who is exercising his or her right of passage along

the shoreline of a Great Lake is deemed to have assumed all risks associated

with that activity.

Duty of care

(2) A person who has an interest in the shoreline owes a

duty to a person who is exercising his or her right of passage along the

shoreline,

(

a) to

not create a danger with the deliberate intent of doing harm or damage to the

person or his or her property; and

(

b) to

not act with reckless disregard of the presence of the person or his or her

property.

Conduct

4. A

person who is exercising his or her right of passage along the shoreline of a

Great Lake shall do so in compliance with any rules of conduct that may be

prescribed by regulation.

Existing property rights

5. Except

to the extent that a right of passage is reserved, nothing in this Act

interferes with property rights along the shoreline of the Great Lakes.

No expropriation or injurious affection

6. Nothing

done or not done in accordance with this Act or the regulations constitutes an

expropriation or injurious affection for the purposes of the Expropriations Act .

Offence

(1) No

person shall interfere with the right of passage to the shoreline of the Great

Lakes.

Penalty

(2) A person who contravenes subsection (1) is guilty of

an offence and on conviction is liable to a fine of not more than $2,000.

Regulations

8. The

Lieutenant Governor in Council may make regulations,

(

a) exempting

any property or class or property from the application of this Act;

(

b) prescribing

rules of conduct for persons exercising the right of passage reserved under

this Act;

(

c) respecting

any matter necessary or advisable to carry out effectively the intent and

purpose of this Act.

Commencement

9. This Act comes into force on the day it

receives Royal Assent.

Short title

10. The

short title of this Act is the Great Lakes Shoreline Right of

Passage Act, 2008 .

EXPLANATORY

NOTE

The

Bill reserves a right of passage along the shoreline of the Great Lakes between

the shoreline and high water mark. The right is limited as specified in the

Bill.

Date Bill stage Activity Committee

March 20, 2008

First Reading

Carried

Debates and Progress

First Reading

March 20, 2008

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 43, 39-1
Type	bill
Volume / chapter	p39 s1 bill 43 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	afc527809c7f54b24dbb57303209a55c2d2a45d6

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